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Re: [dvd-discuss] Eldred Amicus



<D/A> But these rights are not the same as free speech, due process, or 
self incrimination. Those rights cannot be transferred but copyright can 
indeed and while not real or personal property they do have attributes of 
those. The temporary or permanent transfer of copyright has been an 
accepted part of the publishing industry for centuries. If those rights 
can be transferred they they are part of the possessions of the author and 
those possessions are part of the estate.




Tom <tom@lemuria.org>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
05/29/2002 08:24 AM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
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        Subject:        Re: [dvd-discuss] Eldred Amicus


On Wed, May 29, 2002 at 08:06:28AM -0700, Michael A Rolenz wrote:
> <D/A> Yes but the rights that the author possesses are part of their 
> estate, just as their other property and can be sold or retained by 
their 
> heirs as any other property. 

bzzzt. "property", yes. however, copyrights are not a property, the
propaganda of the movie mafia aside. copyrights are just that: rights.
the same way that you don't inherit the right to, say, free speech and
the pursuit of happiness, you don't inherit the copyright.


> Besides, death comes unexpected and terminating these rights at the time 

> of death becomes arbitrary. How can businesses or estates plan to 
publish 
> works under such conditions? Some form of objective and unequivocal 
> determination of when copyright ends must be used.

I agree. binding the length of copyright to the lifetime of the author
merely creates an incentive to murder him or her.

copyright terms should start at the date of creation. they should end
after a time that balances the interests of the author(!) and the
public. the #1 thing wrong with current copyright is that the author
and his interests have been replaced by the publishers.


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